[Congressional Record Volume 146, Number 111 (Tuesday, September 19, 2000)]
[Senate]
[Pages S8759-S8761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ASHCROFT:
  S. 3066. A bill to amend titles XVIII and XIX of the Social Security 
Act to require criminal background checks for nursing facility workers; 
to the Committee on Finance.


                   the senior care safety act of 2000

  Mr. ASHCROFT. Mr. President, I rise today to introduce the Senior 
Care Safety Act of 2000. This bill prohibits nursing homes and other 
long-term care facilities operating under the Social Security and 
Medicaid systems from employing individuals with a demonstrated history 
of violent, criminal behavior or drug dealing. To that end, it requires 
these nursing facilities to conduct criminal background checks on all 
of their prospective employees as part of the hiring process. Nursing 
facilities that fail to conduct a background check prior to hiring an 
employee are subject to a civil fine of up to $5,000. The reason for 
these requirements is simple: we must ensure that our most defenseless 
senior Americans--those in need of long-term nursing care--are attended 
not by people with a demonstrated history of violent, criminal 
behavior, but by the most qualified and trustworthy individuals 
available.
  The Senior Care Safety Act provides nursing facilities with the tools 
necessary to accomplish this objective. It requires the Department of 
Justice to open federal databases of criminal background information to 
nursing homes so that they can promptly determine if prospective 
employees have a criminal record. The act provides that the Department 
of Justice provide this information without charge to the facility or 
the applicant. Furthermore, it ensures that those who comply with the 
background check requirement are insulated from liability for refusing 
to hire someone prohibited from working in a nursing facility by this 
provision. Finally, it guarantees the privacy of those individuals who 
are denied such employment due to a criminal record by prohibiting the 
use by a nursing facility of an individual's background information for 
any purpose other than complying with this act.
  It is tragic that a bill like this is necessary. But, while the 
overwhelming majority of those who care for the more than 40,000 senior 
citizens receiving 24-hour care in my home state of Missouri, and the 
more than 1.5 million of such seniors nationwide are dedicated and 
caring individuals, there are unfortunately too many examples of those 
who take advantage of this position of trust. There are far too many 
stories of convicted violent felons who have slipped through the cracks 
in the hiring process and have physically or mentally abused our 
frailest citizens in the very institutions that their families have 
entrusted them for care. This bill will play an important role in 
ensuring that when a family entrusts

[[Page S8760]]

their loved ones to a nursing facility, they can rest assured that 
those who are looking after them are not violent felons. I look forward 
to working with my fellow Senators to pass this important legislation 
in the time remaining this year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3066

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Senior Care Safety Act of 
     2000''.

     SEC. 2. CRIMINAL BACKGROUND CHECKS FOR NURSING FACILITY 
                   WORKERS.

       (a) Medicare.--
       (1) Requirement to conduct criminal background checks.--
     Section 1819(d)(4) of the Social Security Act (42 U.S.C. 
     1395i-3(d)(4)) is amended--
       (A) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (B) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Screening of workers.--
       ``(i) In general.--A skilled nursing facility shall not 
     knowingly employ an individual unless the individual has 
     passed a criminal background check conducted in accordance 
     with the requirements of clause (ii).
       ``(ii) Requirements.--

       ``(I) Notification.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Secretary, in 
     consultation with the Attorney General, shall notify skilled 
     nursing facilities of the requirements of this subparagraph.
       ``(II) Skilled nursing facility requirements.--

       ``(aa) Provision of statements to applicants.--Not later 
     than 180 days after a skilled nursing facility receives a 
     notice in accordance with subclause (I), the skilled nursing 
     facility shall adopt and enforce the requirement that each 
     applicant for employment at the skilled nursing facility 
     shall complete the written statement described in subclause 
     (III).
       ``(bb) Transmittal of completed statements.--Not later than 
     5 business days after a skilled nursing facility receives 
     such completed written statement, the skilled nursing 
     facility shall transmit such statement to the Attorney 
     General.

       ``(III) Statement described.--The written statement 
     described in this subclause shall contain the following:

       ``(aa) The name, address, and date of birth appearing on a 
     valid identification document (as defined section 1028(d)(2) 
     of title 18, United States Code) of the applicant, a 
     description of the identification document used, and the 
     applicant's social security account number.
       ``(bb) A statement that the applicant has never been 
     convicted of a crime of violence or of a Federal or State 
     offense consisting of the distribution of controlled 
     substances (as that term is defined in section 102(6) of the 
     Controlled Substances Act (21 U.S.C. 802(6)).
       ``(cc) The date the statement is made.

       ``(IV) Attorney general requirements.--

       ``(aa) In general.--Upon receipt of a completed written 
     statement from a skilled nursing facility, the Attorney 
     General, using information available to the Department of 
     Justice, shall notify the facility of the receipt of such 
     statement and promptly determine whether the applicant 
     completing the statement has ever been convicted of a crime 
     described in subclause (III)(bb).
       ``(bb) Notification of failure to pass.--Not later than 5 
     business days after the receipt of such statement, the 
     Attorney General shall inform the skilled nursing facility 
     transmitting the statement if the applicant completing the 
     statement did not pass the background check. A skilled 
     nursing facility not so informed within such period shall 
     consider the applicant completing the statement to have 
     passed the background check.
       ``(cc) No fee.--In no case shall a skilled nursing facility 
     or an applicant be charged a fee in connection with the 
     background check process conducted under this clause.
       ``(iii) Limitation on use of information.--A skilled 
     nursing facility that obtains criminal background information 
     about an applicant pursuant to this subparagraph may use such 
     information only for the purpose of determining the 
     suitability of the worker for employment.
       ``(iv) No action based on failure to hire.--In any action 
     against a skilled nursing facility based on a failure or 
     refusal to hire an applicant, the fact that the applicant did 
     not pass a background check conducted in accordance with this 
     subparagraph shall be a complete defense to such action.''.
       (2) Penalties.--Section 1819(h)(1) of the Social Security 
     Act (42 U.S.C. 1395i-3(h)(1)) is amended--
       (A) by striking the heading and inserting ``State 
     authority'';
       (B) in the first sentence--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii) and indenting such clauses appropriately; and
       (ii) by striking ``If a State'' and inserting the 
     following:
       ``(A) In general.--If a State'';
       (C) in the second sentence, by striking ``If a State'' and 
     inserting the following:
       ``(C) Penalties for prior failures.--If a State''; and
       (D) by inserting after subparagraph (A) (as added by 
     subparagraph (B)(ii) of this paragraph) the following new 
     subparagraph:
       ``(B) Required penalties.--A civil money penalty of not 
     more than $5000 shall be assessed and collected, with 
     interest, against any facility which is or was out of 
     compliance with the requirements of clause (i), (ii)(II), or 
     (iii) of subsection (d)(4)(B).''.
       (b) Medicaid.--
       (1) Requirement to conduct criminal background checks.--
     Section 1919(d)(4) of the Social Security Act (42 U.S.C. 
     1396r(d)(4)) is amended--
       (A) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (B) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Screening of workers.--
       ``(i) In general.--A nursing facility shall not knowingly 
     employ an individual unless the individual has passed a 
     criminal background check conducted in accordance with the 
     requirements of clause (ii).
       ``(ii) Requirements.--

       ``(I) Notification.--Not later than 180 days after the date 
     of enactment of this subparagraph, the Secretary, in 
     consultation with the Attorney General, shall notify nursing 
     facilities of the requirements of this subparagraph.
       ``(II) Nursing facility requirements.--

       ``(aa) Provision of statements to applicants.--Not later 
     than 180 days after a nursing facility receives a notice in 
     accordance with subclause (I), the nursing facility shall 
     adopt and enforce the requirement that each applicant for 
     employment at the nursing facility shall complete the written 
     statement described in subclause (III).
       ``(bb) Transmittal of completed statements.--Not later than 
     5 business days after a nursing facility receives such 
     completed written statement, the nursing facility shall 
     transmit such statement to the Attorney General.

       ``(III) Statement described.--The written statement 
     described in this subclause shall contain the following:

       ``(aa) The name, address, and date of birth appearing on a 
     valid identification document (as defined section 1028(d)(2) 
     of title 18, United States Code) of the applicant, a 
     description of the identification document used, and the 
     applicant's social security account number.
       ``(bb) A statement that the applicant has never been 
     convicted of a crime of violence or of a Federal or State 
     offense consisting of the distribution of controlled 
     substances (as that term is defined in section 102(6) of the 
     Controlled Substances Act (21 U.S.C. 802(6)).
       ``(cc) The date the statement is made.

       ``(IV) Attorney general requirements.--

       ``(aa) In general.--Upon receipt of a completed written 
     statement from a nursing facility, the Attorney General, 
     using information available to the Department of Justice, 
     shall notify the facility of the receipt of such statement 
     and promptly determine whether the applicant completing the 
     statement has ever been convicted of a crime described in 
     subclause (III)(bb).
       ``(bb) Notification of failure to pass.--Not later than 5 
     business days after the receipt of such statement, the 
     Attorney General shall inform the nursing facility 
     transmitting the statement if the applicant completing the 
     statement did not pass the background check. A nursing 
     facility not so informed within such period shall consider 
     the applicant completing the statement to have passed the 
     background check.
       ``(cc) No fee.--In no case shall a nursing facility or an 
     applicant be charged a fee in connection with the background 
     check process conducted under this clause.
       ``(iii) Limitation on use of information.--A nursing 
     facility that obtains criminal background information about 
     an applicant pursuant to this subparagraph may use such 
     information only for the purpose of determining the 
     suitability of the worker for employment.
       ``(iv) No action based on failure to hire.--In any action 
     against a nursing facility based on a failure or refusal to 
     hire an applicant, the fact that the applicant did not pass a 
     background check conducted in accordance with this 
     subparagraph shall be a complete defense to such action.''.
       (2) Penalties.--Section 1919(h)(2)(A) of the Social 
     Security Act (42 U.S.C. 1396r(h)(2)(A)) is amended by 
     inserting after clause (iv) the following new clause:
       ``(v) A civil money penalty of not more than $5000 shall be 
     assessed and collected, with interest, against any facility 
     which is or was out of compliance with the requirements of 
     clause (i), (ii)(II), or (iii) of subsection (d)(4)(B).''.
       (c) Effective Date.--The amendments made by this section 
     take effect on October 1, 2000.

     SEC. 3. REPORT ON CRIMINAL BACKGROUND CHECKS.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Attorney General shall conduct a 
     study of the effects of background checks in nursing 
     facilities and submit a report to Congress that includes the 
     following:
       (1) The success of conducting background checks on nursing 
     facility employees.
       (2) The impact of background checks on patient care in such 
     facilities.

[[Page S8761]]

       (3) The need to conduct background checks in other patient 
     care settings outside of nursing facilities.
       (4) Suggested methods for further improving the background 
     check system and the estimated costs of such improvements.
       (b) Definition of nursing facility.--In subsection (a), the 
     term ``nursing facility'' has the meaning given that term in 
     section 1919(a) of the Social Security Act (42 U.S.C. 
     1396r(a)) and includes a skilled nursing facility (as defined 
     in section 1819(a) of such Act (42 U.S.C. 1395i-3(a))).
                                 ______